The orphans legacy, or, A testamentary abridgement in three parts ... : wherein the most material points of law, relating to that subject, are succinctly treated, as well according to the common and temporal, as ecclesiastical and civil laws of this realm : illustrated with great variety of select cases in the law of both professions, as well delightful in the theorie, as usefull for the practice of all such as study the one, or are either active or passive in the other / John Godolphin.

About this Item

Title
The orphans legacy, or, A testamentary abridgement in three parts ... : wherein the most material points of law, relating to that subject, are succinctly treated, as well according to the common and temporal, as ecclesiastical and civil laws of this realm : illustrated with great variety of select cases in the law of both professions, as well delightful in the theorie, as usefull for the practice of all such as study the one, or are either active or passive in the other / John Godolphin.
Author
Godolphin, John, 1617-1678.
Publication
London :: Printed by E.T. and R.H. and are to be sold by Joseph Nevill ..., and Christopher Wilkinson ...,
1674.
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Subject terms
Wills -- England.
Executors and administrators -- England.
Link to this Item
http://name.umdl.umich.edu/A42922.0001.001
Cite this Item
"The orphans legacy, or, A testamentary abridgement in three parts ... : wherein the most material points of law, relating to that subject, are succinctly treated, as well according to the common and temporal, as ecclesiastical and civil laws of this realm : illustrated with great variety of select cases in the law of both professions, as well delightful in the theorie, as usefull for the practice of all such as study the one, or are either active or passive in the other / John Godolphin." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A42922.0001.001. University of Michigan Library Digital Collections. Accessed May 9, 2025.

Pages

Page 47

The Chapters of the Second PART. (Book part 2)

  • I. Of the Appointing or Constituting Executors.
  • II. Of Conditional Executors.
  • III. Of appointing Co-executors.
  • IV. Of substitutions and appointing Executors by degrees.
  • V. Of the several wayes of Constituting Executors.
  • VI. Of persons incapable of being Executors or Admini∣strators.
  • VII. Of an Executors Executor.
  • VIII. Of an Executor in his own wrong.
  • IX. Of a Child in the Womb made Executor, and of an Infant Executor; as also of Executors and Administra∣tors durante Minoritate.
  • X. Of a woman under Coverture made Executrix, or mak∣ing Executors.
  • XI. Of Debtors and Creditors made Executors.
  • XII. Of the general difference between an Executor and an Administrator; and wherein they generally agree.
  • XIII. Of the Executors Rights exclusively to the Heirs.
  • XIV. Of the Heirs Rights exclusively to the Executors.
  • XV. What goes neither to the Heir nor Executor, and in what Cases.
  • XVI. Of the Indivisibility of the right and interest of Co-Executors.
  • XVII. Of the Executors Interest and Possession; and how it differs from that which he hath in his own proper Goods.
  • XVIII. Of the Executors Right in opposition to the Heirs in reference to Mortgages.
  • XIX. Touching the Executors Election to accept or refuse the Executorship.
  • XX. Touching what Acts may or may not be done by an Executor before Probate of the Will.
  • XXI. Of Inventories.
  • XXII. Of Actions mantainable by Executors or Admini∣strators.
  • XXIII. Of Actions maintainable against Executors or Ad∣ministrators.
  • ...

Page 48

  • ... XXIV. Of Assets charging Executors, or not.
  • XXV. Additionals to the three last Chapters, touching how far and wherein Executors may be charged.
  • XXVI. Of a Devastavit or Wast in an Executor or Admi∣nistrator.
  • XXVII. Of the Executors power in Sale of Lands devised to be sold.
  • XXVIII. Of Debts, Legacies, and Mortuaries, and the Ex∣ecutors method in payment thereof.
  • XXIX. Of Executors Accounts.
  • XXX. Of Administrators in a notion distinct from Exe∣cutors.
  • XXXI. Of Administrations fraudulent and revocable.
  • XXXII. Of Filial Portions.
  • XXXIII. Of Right to Administration.
  • XXXIV. Of Succession in the Right Line Descendent.
  • XXXV. Of Succession in the Right Line Ascendent.
  • XXXVI. Of Succession in the Line Transversal or Collateral.
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